By Atty. Eduardo T. Reyes III
Perhaps not even Mark Zuckerberg who created Facebook imagined how pervasive it would become as to be addictive or adopted as a way of life. With an estimated 3.98 billion active users, it is now hard to imagine what the world would become without Facebook.
Yet just like anything in life, moderation is always the mantra. Too much of anything could be toxic. Facebook posts, “like,” “care,” “love” and “laugh,” could lighten up one’s day and the more of it could trigger an adrenaline rush to really make one’s day. But to some, who are unpopular on social media, the scarcity of “like,” “care,” “love” and “laugh,” could also lead to depression. Worse, some people avail of Facebook to vent their anger and destroy another’s reputation.
What are the possible remedies of someone who was unjustly attacked on Facebook or other social media platforms?
First, cyber libel became a crime only in 2012 when the Cyber Crime Prevention Act (RA 10175) was enacted. So, posts made prior to 2012 even if libelous, cannot be subject of a criminal prosecution for cyber libel.
“To make cyber libel punishable under Article 355 of the Revised Penal Code is to make a penal law effective retroactively but unfavorably to the accused. This is contrary to Article 22 of the Revised Penal Code, which states that “[p]enal laws shall have a retroactive effect insofar as they favor the person guilty of a felony[.]”
For these reasons, an allegedly libelous Facebook post made may only be punished under the Cybercrime Prevention Act, not under Article 355 of the Revised Penal Code. Since the Facebook post complained of was made in 2011, a year before the Cybercrime Prevention Act was passed, there was no libel punishable under Article 355 of the Revised Penal Code. Nullum crimen, nulla poena sine lege – there is no crime when there is no law punishing it. The prosecution in this case correctly withdrew the information it had filed with the trial court.” (Peñalosa v. Ocampo Jr., G.R. No. 230299, April 26, 2023).
But it does not mean that one whose reputation was tarnished by a libelous post prior to 2012 has no remedy in law. While a criminal prosecution may not be available, a civil action for damages may be filed. Jurisprudence explains this:
“This Court’s resolution of the Petition will not leave respondent without recourse. Under Articles 19 to 21 of the Civil Code, aggrieved parties may bring civil actions for damages “for any harm inflicted upon them by defamatory falsehoods.” More importantly, in civil actions, the complainant has full control of the case, unlike in criminal actions such as the present one, where the complainant has to defer to the prosecution.” [The private complainant] must get the concurrence of the public prosecutor as well as the court whenever he or she wants the complaint to be dismissed.” (Peñalosa v. Ocampo Jr., G.R. No. 230299, April 26, 2023).
Peñalosa v. Ocampo came down in 2023. However, it is good to recall that in 2014, the Supreme Court in Disini v. Medina, G.R. No. 203335, February 18, 2014, declared as unconstitutional and void some provisions of the Cyber Crime Prevention Act (RA 10175). Among those provisions is the section that deemed it a crime to “like” a post that is libelous. It was concluded in Disini v. Medina that merely liking a post does not amount to a crime. Thus, for instance, if A uploads a libelous post which says that “Mr. X is a thief,” and B either “likes” the post or even comments, “I love this!,” the same is not libelous. However, if B makes his own comment by saying, “Yes, Mr. X is not only a thief but also a killer!,” then B can be held liable for cyber libel as he has not only adopted the libelous post but authored one himself.
So just like in the real world, the virtual world could magnify one’s values system. Tact and mindfulness must always be reckoned in one’s personal dealings whether in the virtual or real world.
But of course, when a friend, family, a loved one, or someone respected, makes a decent post, it will not cost anything for us to like, care, love or even laugh (if the post is funny), as it is a way to show that we are still all connected.
(The author is the senior partner of ET Reyes III & Associates (ETRIIILaw)– a law firm based in Iloilo City. He is a litigation attorney, a law professor, MCLE lecturer, bar reviewer and a book author. Among the books he authored is Law on Property and Essentials of Land Registration [2024 Edition] which was on the bestseller’s list in online shops for several months. His website is etriiilaw.com).